Lecture 2 - Sources of the Law (Students).pptx - Sources of...

Sources of Law

Sources & History of the Law
•
Law has many definitions, including a
“body of rules to which people must
conform their conduct,” “a form of social
control” and “a set of rules used by judges
in deciding disputes”
•
The common denominator in all of these
definitions is that law consists of rules that
require people to meet certain standards of
conduct and are enforceable in court.

Sources & History of the Law
Sources of “The Law” ?
–
“Custom and policies . . . enforced by judicial decision” ?
This is generally referred to as “Common Law” (or Case Law)
–
“legislation” - This includes laws enacted by some legislative
body
–
The United States Constitution
–
Federal Statutes
–
State Statutes
–
Local Ordinances
–
Regulations – Federal, State, or local

Sources of Law
Constitutional Law
•
This the law that embodies the United States Constitution. It
prescribes the organization of the federal government, including
the executive, legislative, and judicial branches, and defines the
powers of the federal government
•
As a result, the federal government’s authority is limited to the
delegated powers, which are those powers expressly allocated to
the federal government in the constitution
•
Included is the development of a system of money and regulations
of interstate commerce , which is business affecting more than
one state, as opposed to business done between two parties in the
same state

Statutory Law
•
Statutory law is promulgated by the legislature and generally
agreed to by the executive (mayor or governor)
•
Legislators are lawmakers elected to office by the citizenry
•
When federal or state legislators adopt a law, it is called a
______________
•
When local legislators adopt a law, it is often called an
______________
Sources of Law